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POLICE

AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT AND REGULATION OF A


POLICE FORCE IN SRI LANKA.
Ordinance Nos,
16 of 1865
7 of 1866
18 of 1871
6 of 1873
7 of 1873
3 of 1875
1 of 1878
7 of 1880
1 of 1883
3 of 1883
13 of 1884
11 of 1886
23 of 1891
4 of 1897
13 of 1905
22 of 1906
14 of 1907
17 of 1908
7 of 1910
17 of 1912
12 of 1914
39 of 1916
40 of 1921
14 of 1924
20 of 1927
12 of 1933
21 of 1939
36 of 1945
32 of 1947

Law Nos,
3 of 1974

Act Nos,
15 of 1949
50 of 1954
32 of 1956
15 of 1962
2 of 1968
3 of 1972
41 of 1984

[1st January , 1866 ]

PRELIMINARY
Short title. 1 This Ordinance may be cited as the Police Ordinance.
Laws and 2. So soon as any of the provisions of this Ordinance shall be brought into operation within
customs
any town, village, or limits, or part of any town or village, all laws, customs, and usages
repugnant to this
which may then be in force therein, so far as they are in anywise repugnant to or
Ordinance
inconsistent with the provisions of this Ordinance, shall be revoked, abrogated, and
repealed.
repealed.

GENERAL POLICE FORCE


Establishment of 3. It shall be lawful for the Minister, from time to time, as occasion may require, to establish,
police force.
by Order published in the Gazette, a police force for the effectual protection of person and
property within such towns as to him shall appear to require the same. Whenever such
force shall be so established within any town this Ordinance shall come into operation
therein :
Provided that no Order shall be necessary to establish the force in places where the same
shall have been already established under the Ordinance No. 17 of 1844, to which this
Ordinance shall apply.
Police force may 4. It shall be lawful for the Minister, by Order published in the Gazette, to establish a police
be established in
force in any place other than large towns, though such force be not maintained in the
certain places,
manner prescribed by this Ordinance, and to declare that certain of the provisions of this
though not
Ordinance shall come into operation at such place, specifying the limits thereof, and such
maintained in the
Order from time to time to revoke, alter, or amend.
manner
prescribed in this
Ordinance.
Police in rural 5. It shall be lawful for the Minister to establish a police force in any rural district, and to
districts.
cause the same to be maintained in the manner hereinafter prescribed.
Quartering of 6. It shall be lawful for the Minister, by Order published in the Gazette, to quarter police, or,
police in disturbed
should a police force have been already established there, to increase the same, in any part
or dangerous
of Sri Lanka which shall be found to be in a disturbed or dangerous state, or in any part in
districts, or
which, from the misconduct of the inhabitants (whether in harboring offenders or suspected
districts the
persons, refusing to aid in their apprehension, or otherwise) , he may deem it expedient so
inhabitants of
to do ; and the inhabitants of the parts of Sri Lanka in which the police or the additional
which misconduct
number of men as aforesaid shall be so quartered, shall be charged with the cost of the
themselves.
men ; and the (See section 4 of the Transfer of Powers (Divisional Secretaries) Act, No. 58
of 1992. (Section 4 is appended in page 343A))Government Agent to whose district such
part belongs, but not any (See section 4 of the Transfer of Powers (Divisional Secretaries)
Act, No. 58 of 1992. (Section 4 is appended in page 343A)) Assistant Government Agent,
shall assess the proportion in which such cost is to be paid by the inhabitants according to
his judgment of their respective means.
Power to employ 7. Whenever any large work shall be carried on or be in operation in any part of the country,
additional police
and it shall appear to the Inspector-General of Police that the employment of an additional
force.
police force in the neighborhood of such large work is rendered necessary by the behaviour
or reasonable apprehension of the behaviour of persons employed upon such large work, it
shall be lawful for the Inspector-General of Police, with the approval of the Minister to direct
the employment of such additional police force, and to maintain the same so long as the
necessity shall continue, and to make orders from time to time upon the person having the
control or custody of the funds of any company or person carrying on such large work for
the payment of the extra force so rendered necessary as aforesaid.
Meaning of " large 8. The term " large work" shall, unless the context otherwise requires, include any railway,
work ".
tramway, manufactory, any plumb ago mining or other commercial business or concern in
which a considerable number of artisans, operatives, workmen, coolies, or persons are
employed.
Some of the 9. It shall be lawful for the Minister, by Order published in the Gazette, from time to time to
provisions only of
declare that such of the provisions of this Ordinance as to him may seem advisable shall
this Ordinance
come into operation throughout Sri Lanka, or in any province, district, town, or place as shall
may be brought
appear to him to require the same, though there be no police force established therein.
into operation in
any place.
Definition of limits 10. The Order establishing a police force in any town shall also specify and define the
of town.
limits of such town, and it shall be lawful for the Minister, from time to time as occasion may
require, by Order, to alter or vary such limits.
Officers in whom 20.(Sections 11 to 19 (both inclusive) are replaced by Act No. 2 of 1968.). The
the administration
administration of the police in Sri Lanka shall be vested in the Inspector-General of Police,
of police is vested.
Superintendents and Assistant Superintendents of Police, inspectors, sergeants, and
constables.
Appointment of 21.
officers for the
purposes of this (1) There shall be appointed an Inspector-General of Police and such
Ordinance. Deputy Inspectors-General of Police, Superintendents, Assistant
Superintendents, inspectors, and other officers as may be necessary for the
purposes of this Ordinance.
(2) A Deputy Inspector-General of Police shall discharge such functions of
the Inspector-General of Police as the Inspector-General of Police may from
time to time assign to him.
(3) In this Ordinance or any other written law "Inspector-General of Police "
shall be deemed to include a Deputy Inspector-General of Police.
Additional police 22. It shall be lawful for the Inspector-General of Police or any Superintendent, if he shall
officers to be
think fit, on the application of any person showing the necessity thereof, to appoint any
employed at the'
additional number of police officers to keep the peace, at the charge of the person making
cost of individuals.
the application, but to be under the orders of tile Inspector-General of Police or
Superintendent and for such time as they shall think fit:
Provided that it shall be lawful for the person on whose application such appointment shall
have been made, on giving one month's notice in writing to such Inspector-General of Police
or Superintendent to require that the officer so appointed shall be discontinued, and such
person shall be relieved from the charge of such additional force from the expiration of such
notice.
Recovery of 23. If upon demand any person refuses or fails to pay the sum due by him for maintaining
expense under
the force under sections 6, 7, and 22, the Inspector-General of Police or Superintended
sections 6.7, and
shall report such refusal or failure to the nearest Magistrate's Court, which shall proceed to
22
recover such sum as if it were a fine imposed by that court.
Establishment of 24. There shall be established a police reserve to assist the police force in the exercise of
police reserve.
its powers and the performance of its duties.
[ 2, Law 3 of 1974]

Appointment of 25.
Commandant and
Deputy (1) For the purposes of this Ordinance, there shall be appointed a
Commandant. Commandant who shall be in command of the police reserve and be
[2, Law 3 of 1974]
responsible for its general administration in accordance with the provisions
of this Ordinance and the regulations made hereunder.
(2) There shall be appointed an officer of the police force not below the rank
of Superintendent of Police to be Deputy Commandant who shall, in the
absence of the Commandant, exercise and perform all his powers and
duties.
Enrolling of 26.
reservists.
[2, Law 3 of 1974]
(1) The Commandant shall, in accordance with the regulations made in that
behalf, appoint to the police reserve such number of Reserve
Superintendents, Reserve Assistant Superintendents, Reserve Chief
Inspectors, Reserve Inspectors, Reserve Sub-Inspectors, Reserve
Sergeants-Major, Reserve Sergeants and Reserve Constables as may be
determined by the Inspector-General of Police.
(2) Every appointment to the rank of Reserve Superintending and Reserve
Assistant Superintendent shall be made with the prior written approval of the
Inspector-General of Police.
Identity cards. 26A. An identity card issued to any person duly authenticated by the Commandant shall
[ 3, Law 3 of 1974]
be conclusive proof of the appointment under this Ordinance of the holder thereof to the
rank in the police reserve specified therein.
Mobilization. 26B.
[ 3, Law 3 of 1974]
(1) The Commandant shall, on the directions of the Inspector-General of
Police, mobilize such officers of the police reserve as are required to assists
the police force in the exercise of its powers and performance of its duties.
No such officer shall be de-mobilized by the Commandant except on the
directions of the Inspector-General of Police.
(2) The notification of mobilization may be conveyed to any member of the
police reserve orally or in writing or by an announcement made over the
radio or by publication in a newspaper.
Officers to serve in 26C. An officer of the police reserve shall be required to serve in any part of the Republic
any part of the
and within its territorial waters.
Republic.
[3, Law 3 of 1974]

Powers, 26D. On mobilization an officer of any rank in the police reserve shall have the same
responsibilities c,
powers, duties, obligations and responsibilities and enjoy the same immunities as an officer
of officers.
of that rank in the police force.
[ 3, Law 3 of 1974]

Penalty for refusal 26E.


to serve when
mobilized. (1) Any officer of the police reserve who, having been mobilized for service,
[ 3, Law 3 of 1974]
fails without reasonable cause to report for service, or neglects or refuses to
serve as such, shall be guilty of an offence and shall be liable on conviction
after trial before a Magistrate to a fine not exceeding one thousand rupees
or to rigorous imprisonment for a term not exceeding six months, or to both
such fine and imprisonment.

(2) Any officer of the police reserve who, having been mobilized for service,
fails without reasonable cause to carry out any lawful order, instruction or
direction given for the performance of his duties by the Commandant or an
officer of the police reserve duly authorized by the Commandant or any
officer of the police force duly authorized by the Inspector-General of Police,
shall be guilty of an offence and be liable on conviction after trial before a
Magistrate to a fine not exceeding five hundred rupees or to simple
imprisonment for a term not exceeding three months, or to both such fine
and imprisonment
Obligations of 26F.
employers.
[ 3, Law 3 of 1974]
(1) It shall be the duty of every employer to give all proper facilities for
enabling any person in his employ to become or to be a member of the
police reserve and any such person who is a member of that reserve to
undergo and render such training and serve as he may be required to
undergo and render by or under this Ordinance.
(2) Any employer who
(a) fails to give the facilities referred to in subsection (1) of this
section ; or
(b) by dismissing an employee or by reducing his wages or in
any other manner penalizes him for undergoing or rendering
any training or service referred to in that subsection, shall be
guilty of an offence and shall, on conviction after trial before a
Magistrate, be liable to a fine not exceeding one thousand
rupees or to simple or rigorous imprisonment for a term not
exceeding six months, or to both such fine and imprisonment.
(3) Where an employer guilty of an offence under this section
(a) is a body corporate, every person who, at the time of the
commission of the offence, was a director, manager or
secretary of such body; and
(b) is a firm, every partner of such firm, shall be deemed to be
guilty of such offence unless such director, manager, secretary
or partner, as the case may be, proves that such offence was
committed without his consent or connivance and that he
exercised all such diligence to prevent the commission of such
offence as he ought to have exercised having regard to the
nature of his functions in such capacity and in all the
circumstances.

Unauthorized use 26G. Any officer of the police reserve who


of uniforms.
[ 3, Law 3 of 1974]
(a) when not mobilized and without lawful authority uses or wears the
uniform or any part of the uniform of an officer of the police reserve or any
imitation thereof which is calculated to deceive, or
(b) without lawful authority supplies to a person who is not an officer of the
police reserve, any such uniform or part of such uniform, shall be guilty of
an offence and shall of conviction after trial before a Magistrate be liable to
a fine not exceeding two hundred rupees or to rigorous imprisonment for a
term not exceeding three months, or to both such fine and imprisonment.
Framing of rules. 26H. It shall be lawful for the Inspector-General of Police, with the approval of the
[ 3, Law 3 of 1974]
Minister, to make rules in respect of all or any of the following matters relating to the police
reserve :
(a) the personnel and cadre of the police reserve ;
(b) the recruitment of officers and their conditions of serve ;
(c) the duties and responsibilities of officers under mobilization ;
(d) the training of officers ;
(e) the arming of the police reserve ;
(f) the discipline of officers ;
(g) the mobilization and de-mobilization of officers ;
(h) the award of rewards or decorations in recognition of meritorious
service ;
(i) the establishment and administration of a Police Reserve Amenity Fund ;
and
(j) any other matter connected with the exercise of the powers and the
performance of the duties by officers.
Police officers not 27. No police officer shall be at liberty to resign his office or withdraw himself from the
to resign without
duties thereof, unless expressly al lowed to do so in writing by the Inspector-General of
leave or two
Police or Superintendent, or unless he shall have given to his superior of facer two months'
month's notice.
notice in writing of his intention to do so ; nor shall any such police officer engage in any
employment or office whatever other than his duties under this Ordinance, unless expressly
permitted to do so in writing by the Inspector-General of Police.
Police force may 28. It shall be lawful for the Minister to place a police force established in any district, rural
be placed under
district, town, or place, or in the neighborhood of any railway and other works, under the
the control of a
control of any public officer having authority in such district, rural district, town, place, or
public officer.
neighborhood, or in the province wherein such district, rural district, town, place, or
neighbourhood is situated ; and such public officer shall in such case exercise the powers
herein vested in police officers not under the grade of Assistant Superintendents of Police:
Provided that nothing herein contained shall be held to interfere with the general supervision
of the Inspector-General of Police over the entire force and all officers thereof, subject to
rules and regulations to be made by the Minister.
Power to make 28A.
regulations for the
establishment and (1) The Minister may, with the concurrence of the Minister in charge of the
operation of a subject of Finance, make regulations providing for the establishment and
scheme for the operation of a scheme for the grant of compensation to any police officer
grant of who is permanently, totally or partially disabled, or to the legal heir or heirs
compensation in of any police officer who is dead, in any case where such disablement or
respect of the death, as the case may be, is due to any injury
permanent total or (a) received by such officer while on duty, or
partial (b) received by such officer while on a direct journey
disablement or (i)from his place of residence to his place of work to
death of police report for duty, or
officers in the
discharge of their (ii) from his place of work to his place of residence
duties. after duty, or
[4, Law 3 of 1974] (c) received by such officer while not on duty in the
performance of some act which is within the scope of his
ordinary duties, or
(d) received by such officer in consequence of any act per-
formed in the execution of his duties, or
(e) received by such officer as a result of any act of reprisal
occasioned by or arising out of any action taken by him in the
execution of his duties.
Such regulations may provide for the principles, exceptions, restrictions and
conditions according, and subject, to which such compensation will be
granted and for all other matters necessary or expedient for the
establishment and operation of such scheme. Such regulation may make
different provisions in respect of police officers who are members of the
police reserve and police officers who are not such members.
[ 2, 15 of 1962] (2).No regulation made under the preceding provisions of this section shall
have effect until it is approved by Parliament, and notification of such
approval is published in the Gazette.
[ 2, 15 of 1962] (3) Any regulation made under the preceding provisions of this section may
be given retrospective effect as from a date not earlier than the fourth day of
February, 1948.
[2, 15 of 1962] (4) Any compensation granted in accordance with regulations made under
the preceding provisions of this section shall be a charge on the
Consolidated Fund.
[ 2, 15 of 1962] (5) Where in any case a dispute arises as to whether or not compensation is
payable or as to the amount of compensation payable under any regulations
made under the preceding provisions of this section, such dispute shall be
referred to the Minister for decision by the Inspector-General of Police and
the decision of the Minister, made with the concurrence of the Minister in
charge of the subject of Finance, on such reference shall be final and
conclusive and shall not be subject to question or review in a court of law.
[2, 15 of 1962] (6) Any compensation granted in accordance with regulations made under
the preceding provisions of this section in respect of the disablement or
death of a police officer shall be in addition to any pension, gratuity,
compensation, allowance, or other benefit, granted in respect of such
disablement or death under the Minutes on Pensions,
[2, 15 of 1962] (7) For the purposes of this section "police officer" shall include a police
driver.

MAINTENANCE OF GENERAL POLICE


Expenses of 29. The salaries of the Inspector-General of Police and of the Superintendents, the cost of
police.
barracks, hospitals, medical attendance, and arms will be defrayed by the Government. All
[ 3,2 of 1968]
other expenses, including where there is a public water supply, the cost of supplying water
to the police station, premises, quarters, and barracks, must be defrayed by the inhabitants
of the towns for the protection of whose persons and property the police is established,
except where a force is created under section 4:
Provided, however, that when any town is created a Municipality, the expenses of the police
shall be provided for and recovered as directed by the Municipal Councils Ordinance, or any
other enactment to be for that purpose hereinafter enacted.
Fixed rates at 30. The cost of the police payable under sections 6,7,22 and 29 of this Ordinance shall be
which recovery of
the salary drawn by even Inspector, Sub-Inspector, Sergeant, or Constable, plus twenty per
cost of police shall
centum for headquarter reserve, leave, drill, sickness, c, and eight per centum for pension,
be made.
and the certificate of the Inspector-General of Police shall be conclusive evidence of the
[ 4, 2 of 1968]
correctness of all charges made in pursuance of this section.
Tax to be levied 31. For the purposes of creating a fund from which the expenses of the police payable by
for maintenance
each town not created a Municipality are to be defrayed, a tax shall be payable on the thirty-
of police.
first day of March, on the thirtieth day of June, on the thirtieth day of September, and on the
thirty-first day of December, in every year, for the quarter ending on the said days
respectively, on all houses and buildings of every description, and on all lands and
tenements whatsoever, within every such town, to an amount equal to such percentage on
the bona fide annual value of such houses, buildings, lands, and tenements, as the Minister
shall by Order from time to time appoint, except in cases where such amount shall fall
below the sum of twenty-four cents per quarter, in all which excepted cases twenty-four
cents per quarter shall be assessed and payable :
Provision for apportionment of expenses of police force between town and adjoining district.
Provided that such tax shall not in the aggregate exceed the sum necessary for the
maintenance of the force in such town, except as aforesaid, and which sum it shall be lawful
for the Minister from time to time to determine and appoint;
Provided further that where the police force in any town is maintained for the joint purposes
of such town and any adjoining district not included in the limits of such town such sum shall
not exceed such fair proportion of the total amount necessary for the maintenance of the
said force, as the Minister shall from time to time determine and appoint;
Provided also that it shall be lawful and shall be deemed to have been at all times lawful to
refrain in respect of any town from appointing any such percentage on the annual value ;
Provided further, that buildings appropriated to religious worship, and such as are placed in
charge of military sentries, shall be exempted from the payment of such tax.
Meaning of "bona 32. For the purposes of section 31 the "bona fide annual value " of all houses, buildings,
fide annual value
lands, and tenements, as a basis of rating, shall be the gross annual value without any
".
deduction for expenses, repairs, or other expenses for maintenance or upkeep.
Minimum rates 33. It shall be lawful for the Minister to reduce, in any place where a police force is now or
may be reduced in
may hereafter be stationed, the minimum rate payable to meet the expenses defrayable by
certain places
the inhabitants of such place for maintenance of such police force, from the sum of one
from one rupee to
rupee yearly to fifty cents, if, owing to the poverty of the inhabitants or any other cause,
fifty cents.
such reduction shall appear to him reasonable. The rate, where such reduction is made,
shall be assessed and made payable half-yearly, and not quarterly.
Power to appoint 34. The assessment to be made in any town for the purposes of creating a fund for the
three or more
maintenance of a police force therein shall be made by three or more persons appointed by
assessors to
the Government Agent with power to them to act separately or collectively as the
assess the town,
Government Agent shall direct; and each person so appointed shall be entitled to receive
acting separately
such remuneration as the Minister may in his discretion award and shall have all the powers
or collectively.
and authorities conferred by sections 36 and 37.
Time for of 35. The assessors for the first year in which a police force is to be introduced in any town
assessors
may be appointed before the introduction of such force, and every such assessor, when so
appointed shall have and exercise all the powers and authorities conferred by sections 36
and 37 notwithstanding that this Ordinance shall not have been brought into operation in
such town. For every year after the first, the assessors shall be appointed within such time
before the commencement of each year as the Minister shall deem reasonable.
Mode of 36.Such assessors shall without unnecessary delay after their appointment proceed to
assessment.
inquire into, and according to the best of their information and judgment ascertain and
assess as aforesaid the bona fide annual value of all houses, buildings, lands, and
tenements within such town, and the tax hereby imposed on or payable for the same, and
for that purpose it shall be lawful for the said assessors or any one of them, or for any
person in company with or authorized in writing in that behalf by any such assessor, to enter
any houses, buildings, lands, and tenements, and to cause to enter therein such persons
and things as may be necessary and to proceed to do or cause to be done therein all such
things as may be necessary to enable such assessors to ascertain the annual value of such
houses, buildings, lands, or tenements ; and such assessors shall without delay report the
assessment so made by them to the Government Agent of the district, who shall thereupon
cause the same to be entered in a book which shall have an index or other convenient form
of reference and shall be kept at his office for public inspection. It shall be lawful for the
Government Agent to revise such assessment and to make such alterations therein as he
shall consider expedient.
Power to 37. In order to enable the assessors to arrive at a fair valuation of any houses, buildings, or
assessors to call
for returns. lands liable to the rate it shall be lawful for them to require the owner or occupier of such
houses, buildings, or lands to furnish them with returns of the rent or annual value thereof.
Whoever refuses or fails to furnish such returns within one week from the day on which he
shall have been required to do so, and whoever makes a false or incorrect return, shall be
liable to a fine not exceeding fifty rupees.
Tax to be payable 38. The tax hereby imposed shall be payable quarterly, and shall be recovered in manner
quarterly by
hereinafter provided from the owner or owners, or from any or either of the owners of the
owner.
houses, buildings, lands, or tenements liable to such tax, and if any person in the
occupation of any such house, building, land, or tenement so liable, and not being the
owner or a joint owner thereof, shall refuse, upon application being made in that behalf, to
inform the said assessors or any one of them, or the Government Agent or any person
authorized by him to make such application, as to the correct name and residence of the
owner or owners of the said house, building, land, or tenement, every such person shall be
guilty of an offence, and be liable to a fine not exceeding fifty rupees.
Notice of 39.
assessment and
demand of (1) The Government Agent shall, as soon as may be after the
payment of tax to commencement of each year, cause to be served upon the owner or some
be served. joint owner of every house, building, land, or tenement liable to the payment
of the tax imposed by this Ordinance, a notice of assessment, having
subjoined thereto a demand of payment of the tax, as near as is material in
the form A in the Schedule. Such notice shall be in the Sinhala and Tamil
languages and shall be served either personally upon the party to whom it is
addressed, or by leaving it with some member of his household, or by
affixing it to some conspicuous part of the house, building, land, or ten men
liable to the payment of such tax.
(2) Such notice shall further intimate that written objections to the
assessment will be received at a place stated in the notice within one month
from the date of the service of the notice.
(3) The Government Agent shall cause all objections so received to be
registered in a book to be kept for this purpose, and shall give notice in
writing to each objector of the day, time, and place when and whereat his
objections will be investigated.
(4) At the time and place so fixed the Government Agent shall investigate or
cause to be investigated the objections, in presence of the objector (or an
agent authorized by him in writing) if he shall appear, and if not, in his
absence. The Government Agent may adjourn his investigation from time to
time for reason able cause.
(5) When any objection is disposed of by the Government Agent, he shall
cause his decision to be notified to the objector, and the same shall be
noted in the book of objections, and any necessary amendment shall be
made in the assessment book.
(6) Every assessment, against which no objection is made, shall be final for
the year.
Person 40.
dissatisfied with
assessment may (1) If any person is aggrieved by the decision of the Government Agent with
institute action in regard to the assessment of any house, building, land, or tenement, he may
appropriate court. within one month of receiving the notification of the Government Agent's
decision under the last preceding section institute an action objecting to
such decision in the Primary Court having jurisdiction in the place where
such house, building, land, or tenement is situate, if the amount of the rate
or rates on the annual value of such house, building, land, or tenement does
not exceed three hundred rupees, and in the District Court having such
jurisdiction where such amount exceeds the sum of three hundred rupees.
(2) Upon the trial of any action under this section, the plaintiff shall not be
allowed to adduce evidence of any ground of objection which is not stated in
his written objection to the Government Agent, except with the leave of the
court and on such terms as to costs as the court may determine.
(3) Every such court shall hear and determine such action according to the
procedure prescribed for such court by the law for the time being in force
regulating the hearing and determination of actions brought in such court,
and the decision of such court shall in all cases be subject to appeal to the
Court of Appeal.
(4) Every such appeal shall be governed by the provisions of Chapter LVIII
of the Civil Procedure Code, or by any enactment hereafter enacted,
regulating the making of appeals to the Court of Appeal from any judgment,
decree, or order of Primary Courts or District Courts.

(5) Neither the institution of such action nor any appeal therein shall stay the
levying of the whole or any part of such rate or rates, and the excess, if any,
collected shall be returned according to the decision of such Primary Court
or District Court if there be no appeal, or of the Court of Appeal in case of
appeal.
Proceedings if tax 41. If any person shall not pay the tax due by him under this Ordinance as soon as the
not duly paid.
same is due, either into the office of the Government Agent or to some collector authorized
by the Government Agent, by writing under his hand, to collect and receive the same upon
demand made by such collector, it shall be lawful for the Government Agent, and he is
hereby thereunto authorized and required, for non-payment of such tax to seize any
property whatsoever belonging to the person by whom such tax is due, where so ever the
same may be found within the district of such Government Agent, and also to seize any
movable property, to whomsoever the same may belong, which shall be found in or upon
any house, building, land, or tenement for which such tax shall be due ; and if the amount
due on account of such tax, together with the costs and charges payable by virtue of section
50, shall not be sooner paid or tendered to such Government Agent, to sell the property so
seized by public auction at any time not less than ten nor more than thirty days from the
time of such seizure. It shall be lawful for the Government Agent or any Assistant
Government Agent to authorize any person specially in writing to seize and sell property as
herein provided for.
Property may not 42. It shall not be lawful for the Government Agent to seize any movable property which
be seized for
may be found in or upon any house, building, land, or tenement in respect of which such tax
arrears of tax
shall be due, for any arrears of tax due beyond two quarters next preceding such seizure,
beyond two
unless such movable property shall belong to any person who was the owner or a joint
quarters except in
owner of the said house, building, land, or tenement at the time the arrears beyond such
certain cases.
two quarters accrued and became due ; or unless such movable property shall belong to
any person who shall have occupied the said house, building, land, or tenement at the time
when the said last-mentioned arrears accrued and became due.
Order to be 43. Whenever it shall be necessary to seize and sell the property of any person making
observed in
default in the payment of the said tax it shall be the duty of the officer authorized by this
seizing and selling
Ordinance to seize and sell the property to observe the order prescribed in sections 44, 45,
property for
46 and 47 in carrying out such seizure and sale.
recovery of tax.
Movables of 44. The movable property of the defaulter, where so ever the same may be found,
defaulter
sufficient in the opinion of the officer seizing and selling the property to cover the amount of
wherever found,
the tax due and the charges incurred in the recovery of the same may be seized and sold :
and of any person
in the premises for
which tax is due
may be seized
and sold.
Property of others may not be seized for arrears of tax beyond two quarters. Exceptions.
Provided that any movable property, to whomsoever the same may belong, which shall be
found in or upon any house, building, land, or tenement for which such tax shall be due,
may be seized and sold. But it shall not be lawful to seize any movable property which may
be found in or upon any house, building, land, or tenement in respect of which such tax shall
be due, for any arrears of tax due beyond two quarters next preceding such seizure, unless
such movable property shall belong to any person who was the owner or a joint owner of the
said house, building, land, or tenement at the time the arrears beyond such two quarters
accrued and became due; or unless such movable property shall belong to any person who
shall have occupied the said house, building, land, or tenement at the time when the said
last-mentioned arrears accrued and became due.
Sale of rents and 45. Failing such movable property, may be seized and sold the rents and profits of the
profits.
house, building, land, or tenement for which such tax shall be due, for a term sufficient, in
the opinion of the officer seizing and selling the property, to cover the amount of the tax due
and the charges incurred in the recovery of the same.
Sale of building 46. Failing such rents and profits, may be seized and sold the materials of any house or
materials and
building standing on the land for which such tax shall be due, and the timber growing
timber.
thereon, sufficient, in the opinion of the officer seizing and selling the property, to cover such
tax and the charges as aforesaid. And the purchaser of such materials or timber shall be
entitled to pull down or cut and remove the same within the time allowed him for that
purpose by the officer carrying out such seizure and sale.
Sale of premises 47. Failing such building materials and timber, may be seized and sold the house, building,
on which tax is
land, or tenement for which such tax shall be due ; or, if a portion thereof, sufficient to cover
due or a portion
such tax and the charges as aforesaid, can, in the opinion of the officer seizing and selling
thereof.
the property, be conveniently separated from the rest, such portion only.
Officers not liable 48. No officer shall be liable in damages by reason of his not duly observing such order,
for failure to
unless the person claiming such damages shall establish to the satisfaction of the court that
observe order of
the defaulter, or some person on his behalf, pointed out to such officer, at the time he was
seizure and sale.
making the seizure of such defaulter's property, free and unclaimed property sufficient to
cover the amount of the tax or commutation, and charges as aforesaid, which was liable to
seizure, in the first instance, according to the order hereby established, but which such
officer nevertheless failed to seize.
Property seized 49. Any movable property seized as aforesaid may be removed by the Government Agent
may be removed
for safe custody, pending the sale thereof, to such place as he may think fit; and in case of
or a person
the seizure of immovable property, or of any property which cannot be conveniently
placed in
removed, such Government Agent may place and keep a person in possession thereof
possession.
pending such sale,
Costs of seizure, 50. It shall be lawful for the Government Agent to demand, take, and receive from the
&c.
person by whom the tax is due, or from the owner or any joint owner of any property which
may be lawfully seized for non-payment of such tax, the several sums of money mentioned
in the following table; that is to say :
Table of Charges incurred in the Recovery of Tax
(a) for cost of proceeding to the house or land of the party in default, in order
to seize property, a charge not exceeding four cents for every fifty cents of
tax due;
(b) for removal of the goods seized, in case such removal takes place, a
charge not exceeding four cents for every fifty cents of tax due ;
(c) for keeping the same in safe custody in case of such detention, a charge
not exceeding four cents per day;
(d) for keeping a person in possession in case of a seizure of immovable
property, or if the goods seized are not removed, a charge not exceeding
fifty cents per day ;
(e) for the expenses of sale, where any takes place, a charge not exceeding
twenty- four cents on every ten rupees of the net produce of the sale.
Houses may be 51. It shall be lawful for the Government Agent to break open or cause to be broken open,
broken open, &c.
in the daytime, any house or building, for the purpose of seizing property in pursuance of
this Ordinance.
Tenant paying tax 52. It shall be lawful for the occupant of any house, building, land, or tenement, not being
to avoid seizure of
the owner or joint owner thereof, whose property shall have been seized as aforesaid, or
his property may
who, to avoid such seizure, or after seizure to avoid a sale of such property, shall have paid
deduct it from his
the amount of tax due in respect of such house, building, land, or tenement, and the costs
rent.
demandable by virtue of this Ordinance, to deduct the amount paid by him from the first
payment of rent due by him on account of the said house, building, land, or tenement to the
owner or owners thereof, and the receipt of the Government Agent for the amount so paid
shall be deemed an acquaintance in full for the like amount of rent:
Provided always that nothing herein contained shall authorize any such deduction from his
rent by any occupant who, by the terms of his lease or other agreement, was himself bound
and liable to pay such tax.
After to payment 53. In the event of a sale of property seized, the Government Agent shall, after deducting
of the tax and
the amount due on account of such tax, and also the costs and charges payable by virtue of
charges, over plus
section 50 (which said costs and charges the Government Agent is hereby authorized to
accruing from sale
retain), restore the over plus arising from such sale, if any there be, to the owner or to some
be restored to the
joint owner of the property sold; and the Government Agent shall, upon application in that
owner of the
behalf, grant a receipt for the amount of the tax recovered, and of such costs and charges,
property.
to the owner or joint owner of such property.
Certificate of sale. 54. If land or other immovable property be sold for non-payment of tax, a certificate
substantially in form B in the Schedule, signed by the Government Agent, shall be sufficient
to vest the property in the purchaser, any law or custom to the contrary notwithstanding.
Such certificate shall be liable to the stamp duty fixed on conveyances of immovable
property, and to any registration or other charges authorized by law, such duty and charges
being payable by the purchaser.

POLICE RULES
The Inspector- 55. The Inspector-General of Police may from time to time, subject always to the
General of Police
approbation of the said Minister, frame orders and regulations for the observance of the
may-make rules
police officers who shall be placed under his control as aforesaid, and also for the general
for police.
government of such persons, as to their places of residence, classification, rank, and
particular services, as well as their distribution and inspection, and all such orders and
regulations relative to the said police force as he may deem expedient for preventing
neglect or abuse, and for rendering such force efficient in the discharge of its duties ; and
every police officer who shall neglect or violate any such orders or regulations, or any duty
imposed upon him by this or any other enactment, shall be guilty of an offence, and be
liable to any fine not exceeding fifty rupees (which fine or any part thereof may be deducted
from any salary then or at any time thereafter due to such offender), or to imprisonment with
or without hard labour for any period not exceeding one month.

DUTIES AND LIABILITIES OF POLICE OFFICERS


Duties of police 56. Every police officer shall for all purposes in this Ordinance contained be considered to
officers.
be always on duty, and shall have the powers of a police officer in every part of Sri Lanka, It
shall be his duty
(a) to use his best endeavours and ability to prevent all crimes, offences,
and public nuisances ;
(b) to preserve the peace ;
(c) to apprehend disorderly and suspicious characters ;
(d) to detect and bring offenders to justice ;
(e) to collect and communicate intelligence affecting the public peace ; and
(f) promptly to obey and execute all orders and warrants lawfully issued and
directed to him by any competent authority.
Police officers to 57. Every police officer to whom any description of warrant shall have been addressed for
have authority to
execution is hereby authorized and empowered to execute any such warrant in any and
execute warrants
every part of Sri Lanka as well as in any town, rural district, or place other than large towns
in all parts of Sri
or rural districts, in which a police force shall under the provisions of this Ordinance have
Lanka.
been established, anything in this Ordinance to the contrary notwithstanding:
Provided, however, that nothing in this section shall justify any police officer executing any
warrant or process illegally issued or entrusted to him for service, or shall relieve him from
any penalty or liability incurred in respect of the execution of any warrant improperly or
illegally issued, or in respect of any neglect of duty or abuse of the powers hereby
conferred.
Police officers to 58. Every police officer empowered to act as such within any town or place adjacent to any
act in ports of Sri
port shall within such port have all such powers, protections, and privileges, and be liable to
Lanka.
all such duties and responsibilities as by law he has and is liable to within such town or
place.
Minister may 59. It shall be lawful for the Minister, from time to time to make, and when made to revoke,
make rules.
alter, or amend rules
(a) for regulating the number, distribution, and particular service of the
several officers who shall be on duty in any port, and the number and
description of boats to be provided for their service ;
(b) for determining at what times and in what rotation the police boats shall
be employed in rowing guard in the said port;
(c) for promoting the general efficiency of the police within the said port, and
for preventing neglect or abuse in the discharge of their duties.
Police officers to 60. Every police officer, when acting as such within any port, shall obey and execute any
obey lawful orders
lawful order which may be issued to him by the (See Section 86(2) of the Sri Lanka Ports
of Ports Authority
Authority Act, No. 51 of 1979.)Ports Authority or the principal officer of customs of such port
and customs
in all matters relating thereto, and to offences and offenders therein.
officer.
Penalties. 61. Any police officer committing a breach of any rule made under section 59, or refusing
to obey or execute any lawful order issued to him under section 60, shall be guilty of an
offence, and shall be liable to a fine not exceeding fifty rupees, or to simple imprisonment
for a term not exceeding three months.
Meaning of "port". 62.In sections 58, 59 and 60, unless the context otherwise requires
"port" includes all harbours, roadsteads, and places of anchorage in Sri Lanka; and where
the limits of any port have been or may hereafter be defined by the Minister under section 2
of the Master Attendant Ordinance(See Section 86(2) of the Sri Lanka Ports Authority Act,
No. 51 of 1979.), those limits shall be taken to apply to such port for the purpose of the said
sections.
Certain duties of 63. Any person who in any street or road, thoroughfare, or passage, within the limits of any
police officers.
town, commits any of the following offences, shall be liable to a fine not exceeding fifty
Obstructions and
rupees, or to imprisonment not exceeding three months, and it shall be lawful for any police
nuisances on
officer to take into custody without a warrant any person who within his view commits any
roads.
such offence:
Slaughtering
(a) any person who shall slaughter any cattle, or clean any carcase in the
cattle, furious
streets ;
riding, c.
(b) any person riding any cattle carelessly, recklessly, and furiously, or
training or breaking any horse or other cattle on or near any public road, to
the danger of the passers by ;
Cruelty to (c) any person who wantonly or cruelly beats, abuses, or tortures any
animals. animal;
Obstructing (d) any person who shall keep any cattle or conveyance of any kind in any
passengers. road or street longer than is required for loading or unloading goods, or for
taking up or setting down passengers;
(e) any person who shall leave any cattle or conveyance in such a manner
as to cause inconvenience or danger to the public ;
Exposing
(f) any person exposing any article or thing on the roads or streets, and
goods on
which may obstruct passengers or frighten horses ;
roads.
Throwing dirt (g)any person who throws or lays down any dirt, filth, rubbish, or any stones
into street. or building materials;
(h) any person who constructs any cow sheds, stable, or the like, within the
bounds of any thoroughfare ;
(i) any person who causes any offensive matter to run from any house,
factory, dung heap, or the like, into the street;
Indecent
(j) any person who wilfully and indecently exposes his person or any
exposure of
offensive deformity or disease;
person.
(k) any person who commits nuisance
(i) by easing himself in or by the side of or near any public
street or thoroughfare ; or
(ii) by bathing or washing in any place not set apart for that
purpose ;
Neglect to
protect (l) any person who neglects to fence in or duly to protect any well, tank, or
dangerous other dangerous place or structure;
places.
Driving cart, c,
(m) any person who drives or leads any conveyance or cart after dark and
without
before daylight without lighted lanterns.
lanterns.
Power of police to 64.
seize straying
cattle, &c. (1) It shall be lawful for any police officer to seize any ox, horse, sheep,
goat, or other animal which he may find tied, tethered, straying, improperly
driven, or tended upon any thoroughfare, or upon any line of railway, or
upon any land appertaining thereto, or to cause the same to be seized,
unless such animal shall belong to any cart to which it is tied or tethered
whilst the same is being loaded or unloaded.
(2) Every such animal seized as aforesaid shall be delivered into the
custody of an officer of police in charge of the nearest police station, and
every such officer receiving such animal shall forthwith report such seizure
to the proper Magistrate's Court, and such court shall, if at the time of such
report no claim be made to such animal, direct the officer to take the
necessary steps for the safe custody and maintenance of such animal, and
to publish such seizure by affixing a notice thereof in some conspicuous
place at the police station and at the Magistrate's Court to which such
seizure was reported.
[ 2, 50 of 1954] (3) No such animal seized as aforesaid shall be delivered to the owner
[[ 2, 36 of 1945] thereof except upon payment into such court of the sum of one rupee, any
part of which the Magistrate may direct to be paid to the Police Reward
Fund, and of a further sum not exceeding thirty cents for each day or part
thereof during which the animal shall have been in the custody of and
maintained by the officer to whom it was entrusted, for the use of such
officer ; and if no person shall claim such animal or pay such dues as
aforesaid within seven days after the order of the Magistrate's Court for safe
custody and maintenance of such animal as aforesaid, the police officer to
whom the animal was entrusted shall sell it by public auction, and after
payment to himself of a sum calculated at the rate aforesaid for the custody
and maintenance of the animal, shall pay the balance, if any, to the
Magistrate's Court, and the Magistrate may make such order with regard to
such sum as he may think fit.
Persons arrested 65. Every person taken into custody by any police officer without warrant (except persons
without warrant to
detained for the mere purpose of ascertaining their name and residence) shall forthwith be
be taken to police
delivered into the custody of the officer in charge of a station in order that such person may
station until
be secured until he can be brought before a Magistrate to be dealt with according to law, or
brought before
may give bail for his appearance before a Magistrate, if the officer in charge shall deem it
Magistrate or
prudent to take bail as hereinafter mentioned:
bailed.
Provided always that where bail is not taken, the prisoner shall be brought before a
Magistrate within twenty-four hours, unless circumstances render delay unavoidable.
Officer in charge 66. It shall be lawful for any officer in charge of a station to bind by recognizance any
of police station
person to appear as prosecutor or as a witness before the Magistrate by whom any grave-
may take
charge is being or is about to be investigated ; and if any such prosecutor or witness shall
recognizance for
refuse to execute such recognizance, it shall be competent to such officer to forward the
appearance of
person in custody to the proper court.
prosecutor or
witness.
Condition of 67. Every recognizance so taken shall be without fee or reward, and shall be conditioned
recognizance.
for the appearance of the person thereby bound before any Magistrate at such time and
place as may be required, and the time and place of appearance, and the sum thereby
acknowledged, not exceeding one thousand rupees, shall be specified in the said
recognizance, or in the condition thereof; and the officer taking the recognizance shall
return the same forthwith to the Magistrate before whom the party is bound to appear.
Police officer may 68. It shall be lawful for any police officer without a warrant to enter and inspect all drinking
enter drinking
shops, gaming houses, and other resorts of loose and disorderly characters, all premises of
shops, &c, without
persons suspected of receiving stolen property, any locality, vessel, boat, or conveyance in
a warrant.
any part whereof he shall have just cause to believe that crime has been or is about to be
committed, or which he reasonably suspects to contain stolen property, and then and there
to take all necessary measures for the effectual prevention and detection of crime, and to
take charge of all property reasonably suspected to have been stolen, and of all articles or
things which may serve as evidence of the crime supposed to have been committed, and to
take charge of all unclaimed property.
Penalty on 69.
persons found
drunk and (1) Every person found drunk and incapable of taking care of himself in any
incapable. thoroughfare or public place, whether a building or not, or on any licensed
premises or tavern, and any person who shall be guilty of violent,
quarrelsome, noisy, disorderly, or riotous conduct in or about such premises
or tavern, shall be liable to a fine not exceeding five rupees, and on second
conviction within a period of twelve months shall be liable to a fine not
exceeding ten rupees, and on a third or subsequent conviction within such
period of twelve months be liable to a fine not exceeding twenty rupees.
(2) Every person who in any thoroughfare or other public place, whether a
building or not, is guilty while drunk of riotous or disorderly behaviour, or
who is drunk while in charge on any thoroughfare or other public place of
any vehicle, horse, or cattle, or who is drunk when in possession of any
loaded firearms, may be apprehended without a warrant, and kept in
custody until he gets sober, and shall be liable, in addition, to a fine not
exceeding twenty rupees, or to simple or rigorous imprisonment for any term
not exceeding one month.
(3) Every police officer on the demand of the keeper of a tavern or other
licensed premises, or of his agent or servant, shall expel or assist in
expelling from such premises any person who is a habitual drunkard, or
drunken, violent, quarrelsome, or disorderly, and any person whose
presence on the premises would subject the keeper thereof to a penalty,
and may use such force as may be required for that purpose.
(4) Where a fine is imposed under, this section on the prosecution of a
police officer, the court may direct that a portion not exceeding one-half of
the fine actually recovered shall be paid into the Police Reward Fund.
Police officer not 70. No police officer shall receive any complaint of any petty offence, or take into his
to receive
custody any person brought to him accused of such petty offences as trespass, assault,
complaints of
quarrelling, or the like ; and it shall be lawful for any police officer to refuse to receive and
petty offences.
act upon any charge of an offence of a grave character, if he shall, on inquiry made of the
complainant alone, see good grounds for doubting its truth :
Provided always that if the charge be not of such a nature as under ordinary circumstances
would justify the police officer in refusing to receive it, the particular reasons for refusing it
are to be recorded by such officer at the time.
Police officers 71. It shall be lawful for any police officer to lay any information before any Magistrate, and
may lay
to apply for summons, warrant, search warrant, or such other legal process as may by law
information, &c.
issue, and may be expedient under the circumstances, against any person committing an
offence against any law or enactment, or against any regulation for the protection of the
revenue, or against any person committing or failing to remove any public nuisance or
unwarrantable obstructions, keeping a disorderly house, harboring thieves, disturbing the
peace, obstructing the due course of justice, and the like ; and to prosecute such offenders
up to final judgment.
Court to direct 72. A court, before which an offender is convicted of an offence under any of the
payment of share
enactments specified in the Schedule to the Informers Reward Ordinance or under any of
of fine to Police
the enactments to which the provisions of section 2 of the Informers Reward Ordinance
Reward Fund.
have been extended, may, in respect of any fine imposed for such offence, direct that a
[ 4, 50 of 1954]
sum not exceeding one-half of such fine or one-half of such amount as may be actually
recovered from such offender, be paid to the Police Reward Fund established under this
Ordinance :
Provided, however, that where the court has directed or intends to direct that any other
payments be paid out of such fine, the total amount of the payments that the court shall
direct to be paid out of such fine shall not exceed the aforesaid sum.
Police Fund. 73.
[ 4, 50 of 1954]
(1) A Fund to be called the Police Reward Fund (hereinafter referred to in
this section as " the Fund "), is hereby established.
(2) There shall be paid into the Fund
(a) all sums directed to be paid thereto by a court or a judge
thereof under this Ordinance or under any other written law or
by a judge in his discretion ;
(b) donations by private individuals to the Fund ; and
(c) prescribed payments.
(3) There shall be paid out of the Fund
(a) all payments given as rewards to such police officers and in
accordance with such regulations, as may be prescribed ;
(b) the expenses incurred in the administration of the Fund;
and
(c) prescribed payments.
(4) The Inspector-General of Police shall be responsible for the
administration of the Fund and the accounts of the Fund shall be audited
annually by the Auditor-General.
(5) The Minister may make regulations
(a) regulating the manner in which the Fund is to be
administered;
(b) in respect of matters required by this Ordinance to be
prescribed ; and
(c) in respect of all matters incidental to or connected with the
establishment and administration of the Fund.
(6) No regulation made under the preceding provisions of this section shall
have effect until that regulation has been approved by Parliament. Every
regulation so approved shall be as valid and effectual as if it were herein
enacted.
[ 5, 50 of 1954] (7) The general fund for the reward of police officers which is in existence
on the 13th day of October, 1954, shall be the Fund established for the
purposes of this section.
Execution of 74. If, in the execution of process, it shall be found necessary for the officer of the police
process beyond
employed to serve such process to go any distance beyond five miles, the person at whose
five miles.
instance the process is issued shall be bound to lodge with the Magistrate at the time he
applies for the process a sum sufficient to cover the officer's traveling allowances, at such
rates as the Minister shall from time to time appoint.
In case of fire, &c, 75. In all cases of fire or other calamity occurring within such town and limits, police officers
police officers to
shall repair to the place where the same has occurred for the protection of such persons
repair to the spot.
and property as may be endangered thereby, and shall be authorized to call upon all
persons to aid and assist them in that behalf ; and every person so called upon who shall
refuse or neglect to give such aid and assistance without good and sufficient excuse shall
be guilty of an offence, and liable to any fine not exceeding ten rupees.
Householder to 76. Every householder within such town and limits shall furnish the officer of police of his
give lists of
division, when required so to do by such officer under the order received to that effect from
inmates when
any Magistrate having jurisdiction within such town and limits, or from the Inspector-General
required.
of Police, with a list of all the inmates of his house, distinguishing the members of his family
from the servants or others resident therein ; and he shall also, if it shall be so directed in
the order of the Inspector-General of Police or Magistrate report any increase or diminution,
or change in the same ; and he shall not, having received such notice under such order,
harbour a stranger without giving such notice thereof to the principal officer of police of his
division ; and every person failing in any duty imposed upon him by this clause shall be
guilty of an offence, and be liable to any fine not exceeding fifty rupees.
Power to give 77.
directions
prohibiting or (1) No procession shall be taken out or held in any public place in any area,
regulating unless notice in writing of such procession has, at least six ours before the
processions. time of the commencement of such procession, been given to the officer in
[ 2, 41 of 1984] charge of the police station nearest to the place at which the procession is
to commence:
Provided that nothing in the preceding provisions of this subsection shall
apply in the case of any procession of any such description as may be
exempted from these provisions by Order made by the Minister and
published in the Gazette.
(2) Where any procession is taken out or held in contravention of the
provisions of subsection (1), every person organizing that procession or
doing any act in furtherance of the organization or assembling of that
procession and every person taking part in any such procession, shall be
guilty of an offence.
(3) Notwithstanding anything in any other law, an officer of police of a rank
not below the grade of Assistant Superintendent, if he considers it expedient
so to do in the interests of the preservation of public order, may give
directions (whether orally or in writing) prohibiting the taking out of any
procession or imposing upon the person or persons organizing or taking
part in the procession such conditions as appear to him to be necessary,
including conditions prohibiting or restricting the display of flags, banners or
emblems.
(4) Any person who organizes or takes part in any procession which is
prohibited by directions given under subsection (3), or otherwise acts in
contravention of any such directions, shall be guilty of an offence.
(5) Every person who is guilty of an offence under this section shall be
liable, on conviction after summary trial before a Magistrate, to a fine not
exceeding one thousand rupees, or to imprisonment of either description for
a term not exceeding three years, notwithstanding that such term exceeds
the term of imprisonment which a Magistrate may impose in the exercise of
his ordinary jurisdiction, or to both such fine and imprisonment.
Regulation of 78.
public
processions, &c, (1) Officers of police not below the grade of Sub- Inspector may, as
and of carriages occasion requires, direct the conduct of all assemblies and processions in
and persons at any public place, prescribe the routes by which and the times at which such
places of public processions may pass, and direct all crowds of twelve or more persons to
resort. disperse when they have reason to apprehend any breach of the peace. All
[ 3, 22 of 1947]
officers of police shall keep order in all public places, and prevent
obstructions on the occasions of such assemblies and processions, and in
the neighborhood of places of worship during the time of public worship, and
in any case when the roads, streets, or thorough- fares, or landing places,
may be thronged, or may be liable to be obstructed. They may also regulate
the use of music in the streets, when the same shall be allowed.
Licences for (2) Every person opposing or not obeying the orders so given as aforesaid,
use of music or violating the conditions of any licence granted by such Superintendent or
in streets. other officers for the use of such music, or for the assembling of any such
body of persons, shall be liable to a fine not exceeding two hundred rupees :
Provided always that nothing in this section contained shall be deemed to
interfere with the general control of the Magistrate over such matters.
Possession of 79.
dangerous
weapons at public (1) Notwithstanding anything in any other law, any person who, while
meetings and present at any public meeting or on the occasion of any procession, has
processions, and with him any offensive or dangerous weapon referred to in section 315 of
use of words or the Penal Code, otherwise than in pursuance of lawful authority, shall be
behaviour tending guilty of an offence under this section.
to cause breach of For the purposes of this subsection, a person shall not be deemed to be
the peace. acting in pursuance of lawful authority, unless he is acting in his capacity as
[ 4, 22 of 1947] a police officer or as a member of the armed forces or otherwise as a public
officer.
(2) Any person who in any public place or at any public meeting uses
threatening, abusive or insulting words or behaviour which is intended to
provoke a breach of the peace or whereby a breach of the peace is likely to
be occasioned, shall be guilty of an offence under this section.
(3) Any person who is guilty of an offence under this section shall, on
conviction after summary trial before a Magistrate, be liable to a fine not
exceeding five hundred rupees or to imprisonment of either description for a
term not exceeding six months, or to both such fine and imprisonment.
(4) Every offence under this section shall be a cognizable offence within the
meaning and for the purposes of the Code of Criminal Procedure Act, No.
15 1979.
Regulation of use 80.
in or near public
places of (1) No person shall, unless he has been authorized so to do by a permit
instruments issued by any officer of police of a rank not below the grade of Assistant
producing or Superintendent, or otherwise than in accordance with such conditions as
reproducing may be attached to such permit, use or operate or cause or permit any other
sound. person to use or operate any gramophone, loudspeaker, megaphone,
[ 4, 22 of 1947]
amplifier or other instrument automatically, mechanically or electrically
producing, reproducing or amplifying sound
(a) in any public place, or
(b) in any other place in such manner or circumstances that
the sound so produced, reproduced or amplified is audible in
any public place :
Provided, however, that no permit under the preceding provisions of this
subsection shall be required for the use or operation within any building, not
being a public place, of any gramophone or wireless receiving set
reproducing any music, speech or other sound which has either been
recorded or is broadcast from a wireless transmitting station,
notwithstanding that the sound reproduced thereby may be audible in a
public place.
(2) Any person who acts in contravention of the provisions of subsection (1)
shall be guilty of an offence and shall be liable, on conviction after summary
trial before a Magistrate, to a fine not exceeding two hundred rupees ; and
in the case of a continuing offence to a fine not exceeding fifty rupees in
respect of each day on which the offence continues.
[ 2, 32 of 1956] (3) Where any instrument referred to in subsection (1) is being used or
operated in a public place or so as to be audible in a public place, and a
police officer of a rank not below the grade of Sub-Inspector is of opinion
that such sound is excessive or is otherwise likely to cause a nuisance to
the public, such police officer may, by order (whether oral or written)
addressed to the person for the time being in charge or control of the
instrument, require the abatement of such sound ; and any such order may
be made notwithstanding that a permit may have been granted under
subsection (1) authorizing the use or operation of the instrument or that the
instrument is used or operated in the circumstances mentioned in the
proviso to that subsection.
[ 2,32 of 1956] (4) In any case where any order made under sub section (3) is not forthwith
complied with, or where any instrument, the use or operation of which has
been authorized by a permit issued under subsection (1), is used or
operated in such manner or such circumstances as to contravene any of the
conditions specified in the permit, any police officer of a rank not below the
grade of Sub-Inspector may, by order (whether oral or written) addressed to
the person for the time being in charge or control of the instrument, require
him to discontinue the use or operation thereof ; and if such order is not
complied with forthwith, it shall be lawful for that police officer and for any
other police officer acting under his authority to seize and detain the
instrument.
(5) Nothing in the preceding provisions of this section shall apply to, or in
relation to, the use or operation of any instrument by any police officer, or by
any member of the armed forces acting in the course of his duty as such.
(6) The preceding provisions of this section shall be in addition to, and not in
substitution for, the provisions of any other written law relating to the use or
operation of the instruments referred to therein.
Meaning of " 81. For the purposes of sections 77 to 80 " public meeting" means any meeting in a public
public meeting"
place and any meeting (irrespective of the place at which it is held) which the public or any
and " public place'
section thereof are permitted to attend, whether on payment or otherwise ;
in sections 77 to
80.
[ 4, 22 of 1947]

" public place " means any highway, public park or garden, any sea beach, and any public
bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;
and includes any open space to which, for the time being, the public or any section thereof
have or are permitted to have access, whether on payment or otherwise.
Penalties for 82. Every police officer
neglect of duty,
&c. (a) who shall be guilty of any violation of duty or willful breach or neglect of
any regulations and lawful orders of other competent authority, and not
punishable under section 55; or
(b) who shall

(i) cease to perform the duties of his office without leave, or


without having given two months' notice, as provided by this
enactment, or
(ii) engage without authority in any employment other than his
police duty ; or
(c) who shall be guilty of prevarication in any judicial trial; or
(d) who shall maliciously and without probable cause prefer any false,
vexatious, or frivolous charge or information against any individual; or
(e) who shall knowingly and wilfully and with evil intent, exceed his powers ;
or
(f) who shall be guilty of any willful culpable neglect of duty in not bringing
any person who shall be in his custody without a warrant before a
magisterial officer as herein before provided ; or
(g) who shall allow any person in his custody to escape; or
(h) who shall offer any unwarrantable personal violence to any person in his
custody, shall be liable to a penalty not exceeding three months' pay, or to
imprisonment, with or without hard labour, for a period not exceeding three
months, or both.
Penalty for 83. Any police officer who shall be guilty of cowardice shall be liable to a fine not exceeding
cowardice.
twelve months' pay, or to imprisonment, with or without hard labour, not exceeding twelve
months, or both.
Unlawful 84.
assumption of
police function, (1) Every person not being, or having ceased to be, a duly enrolled police
personation of officer, who shall unlawfully assume any function or power belonging to the
police, &c. police, and who shall not forthwith deliver up all the clothing, accoutrements,
and appointments, and other necessaries which may have been supplied to
him in the execution of his duty ; or if any person shall wilfully injure any
such clothing or other article so as to render the same of less value ; or who
shall have in his possession any distinctive article of the dress or
appointment directed to be worn exclusively by the police force, without
being able to account satisfactorily for his possession thereof ; or who shall
put on the dress of any police officer, or any dress designed to represent it
or to be taken for it; or who shall otherwise personate the character or act
the part of any police officer for any purpose whatever, shall, in addition to
any other punishment to which he may be liable for any offence committed
under the assumed character, be liable to a fine not exceeding fifty rupees,
or to imprisonment, with or without hard labour, for any period not exceeding
three months, or both.
(2) For the purposes of this section an article shall be deemed to be in the
possession of a person if he knowingly has it in the actual possession of any
other person, or in any house, building, lodging, apartment, field, or place,
open or enclosed, whether occupied by himself or not, and whether the
same is so had for his own use or benefit or for the use or benefit of
another.
Penalty on traffic 85.
in Government
property. (1) Every person who
(a) buys, exchanges, takes in pawn, detains, or receives from
a police officer or any person acting on his behalf; on any
pretence whatever ; or
(b) solicits or entices any police officer to sell, exchange, pawn,
or give away ; or
(c) assists or acts for a police officer in selling, exchanging,
pawning, or making away with,
any Government property, shall, unless he proves either
(i) that he acted in ignorance of the same being
Government property or of the person with whom
he dealt being or acting for a police officer, or
(ii) that the same was sold by order of the
Government or some competent authority,
be liable to a fine not exceeding one hundred rupees, or to
imprisonment not exceeding three months.
(2) A person found committing an offence against this section may be
apprehended without a warrant, and it shall be lawful for any police officer,
authorized in writing in that behalf by a Superintendent or Assistant
Superintendent of Police, to search without a warrant any place where he
has reasonable cause to suspect there is any property with respect to which
such an offence has been committed.
Nuisances
removed and 86. It shall be lawful for any officer of police not below the grade of Sub-Inspector to give
abated.
order either verbally or by notice in writing to any person causing any public nuisance
mentioned in this Ordinance to abate and remove the same ; and if any person to whom
such order or notice shall have been given shall refuse or neglect to comply with the same
in a reasonable time, or if there be any doubt as to who is the proper person to whom such
order or notice should be given, it shall be lawful for such officer to cause any such public
nuisance to be forthwith abated or removed ; and for that purpose it shall be lawful for him,
where necessary, to enter into or upon any house, garden, enclosure, land, or other
premises, and to cause to enter therein or thereupon such persons, instruments, and things
as may be necessary, and to proceed to do or cause to be done therein or thereupon all
such things as may be necessary for such abatement or removal; and upon the officer
certifying to the proper Magistrate the costs which have been bona fide incurred in effecting
such abatement or removal, such Magistrate shall summon the party or parties on account
of whose non-compliance with any such order or notice such costs were incurred to appear
before him on a certain day, then and there to make payment of such costs, where it shall
appear after due investigation that such costs were properly incurred ; and if such party or
parties shall refuse or fail to make such payment, the Magistrate shall proceed to recover
such payment in such and the same manner as he would proceed to recover any fine or
penalty incurred under any sentence of the court in which he presides :
Provided always that nothing in this Ordinance contained shall be construed to limit or
interfere with in any way the common law right of any individual to abate any nuisance.
Plea act that was 87. When any action, prosecution, or proceeding shall be brought against any police officer
done under a
for any act done by him in such capacity, it shall be lawful for him to plead that such act was
warrant.
done by him under the authority of warrant issued by a magisterial officer ; and such plea
shall be proved by the production of the warrant directing the act and purporting to be
signed by such magisterial officer ; and the defendant shall thereupon be entitled to decree
in his favour, notwithstanding any defect of jurisdiction in such magisterial officer, and no
proof of the signature of such official shall be necessary, unless the court shall see reason
to doubt its being genuine : Provided always that any remedy which the party may have
against the authority issuing such warrant shall remain entire.
Limitation of 88. All actions and prosecutions against any person which may be lawfully brought for
action.
anything done or intended to be done under the provisions of this Ordinance, or under the
general police powers hereby given, shall be commenced within three months after the act
complained of shall have been committed, and not otherwise; and notice in writing of such
action and of the cause thereof shall be given to the defendant, or to the principal officer of
the district in which the act was committed, one month at least before the commencement of
the action ; and no plaintiff shall recover in any such action if tender of sufficient amends
shall have been made before such action brought or if a sufficient sum of money shall have
been paid into court after such action brought, by or on behalf of the defendant.

GENERAL PROVISIONS
Wells to be 89. All persons who shall make or cause to be made or have in rent or possess any well
surrounded with
within any town and limits, and shall not surround the same with a wall two feet at least in
wall two feet high.
height, and keep such wall of that height and in good and sufficient repair, shall be guilty of
an offence, and be liable to any fine not exceeding twenty rupees.
No cart to remain 90. No cart of any description whatsoever shall be left or permitted to remain in any street,
in the street, &c,
way, or avenue within any town and limits upon any pretence whatever without the
except for loading
permission of the principal officer of police, except for such time as shall be necessary for
and unloading.
the purposes only of loading or unloading, or except in such places as shall at any time be
appointed and notified by such officer ; and any owner or person in charge of any cart so left
or permitted to remain as aforesaid shall be guilty of an offence, and be liable to any fine not
exceeding twenty rupees.
No carriage to 91. In no case shall any description of carriage be permitted to obstruct the passage of any
obstruct any
street, way, or avenue, nor any two or more carriages of any description to stand abreast in
street
any street, way, or avenue within such town and limits ; and the owner or person driving,
loading or in charge of any such carriage not removing the same immediately when ordered
or requested so to do by any officer of police, or by any private person, shall be guilty of an
offence, and be liable to any fine not exceeding twenty rupees.
Penalty on furious 92. All persons who shall drive or conduct any carriage or other vehicle in a careless,
or careless riding
reckless, or violent manner, or who shall ride upon any carriage or other vehicle drawn by
or driving.
horses, bullocks, or other cattle at a pace other than a walk unless the animal driven be so
harnessed and bitted as to be perfectly under the control of the driver, or some person on
foot able to guide and control the same, or who shall furiously ride or drive, or carelessly
lead or let loose, any horse, bullock, or other animal in any street, to the danger and terror
of passengers, or shall employ any incompetent person to drive or conduct any carriage or
other vehicle, or to lead any horse, shall be guilty of an offence, and be liable to a fine not
exceeding fifty rupees, or to imprisonment, with or without hard labour, for any period not
exceeding three months.
Elephants not to 93. No elephant shall be permitted to pass along any street, road, or thoroughfare within
pass along the
any town and limits except between the hours of two and eight in the morning ; and every
streets except at
person riding, driving, or con ducting any elephant, or causing any elephant to be ridden,
certain times.
driven, or conducted along any such street, road or thoroughfare, except between such
hours as afore said, shall be guilty of an offence, and shall be liable to a fine not exceeding
fifty rupees:
Provided always that nothing in this section contained shall apply to the employment of
elephants in any town or limits under a written licence granted by the Government Agent of
the district.
Persons offending 94. It shall be lawful for any person within whose view any of the offences specified in
against sections
sections 90, 91, 92 and 93 shall have been committed, to seize and take the party having so
90, 91, 92 and 93
offended to the nearest officer of police to be dealt with according to law, if such party shall
may be seized.
refuse to give to such person on demand full information respecting his name, occupation,
and residence ; and where such offender cannot be so seized or traced, but the carriage,
cart, or animal in respect of which the offence in question was committed can be identified,
it shall be lawful for any competent court to issue a warrant for the seizure of such carriage,
cart, or animal, together with a summons to the owner thereof to appear before such court
on a certain day to be mentioned in such summons ; and if such owner shall fail to attend in
pursuance thereof without good and sufficient excuse, or if attending and not being himself
the offender he shall refuse to give all information in his power respecting the party by
whom such offence was committed, such owner shall be guilty of an offence, and be liable
to the same punishment to which the party so having offended as aforesaid would have
been liable on conviction thereof.
Penalty on 95. If any person forming part of any procession or of any assembly of more than twelve
persons forming
persons, except under military regulation or some regulation of police, which shall take
part of procession
place or be collected for some particular purpose anywhere within any town and limits, shall
or assemblies
have about him or have placed anywhere near him so as to be capable of being used by
carrying sword or
him while forming part of such procession or of such assembly any gun, pistol, sword,
other offensive
creese, club, or other offensive weapon, every such person shall be guilty of an offence,
weapons.
and be liable to any fine not exceeding two hundred rupees, or to imprisonment at hard
labour for any period not exceeding twelve months ; and every person who shall have
formed part of any such procession or assembly, and who it shall be proved to the
satisfaction of the court before whom he shall be brought was aware that any such offensive
weapon was carried or placed near any person forming part of such procession or assembly
as aforesaid, and did not give information thereof to some officer of police, shall be guilty of
an offence, and be liable to any fine not exceeding one hundred rupees, or to imprisonment,
with or without hard labour, for any period not exceeding six months.
Beating of tom- 96. All persons who shall at any time within any town and limits, either within or without any
tom, &c.
house or building, beat drums, or tom-toms, or have or use any other music calculated to
forbidden.
frighten horses, or who shall make any noise in the night so as to disturb the repose of the
inhabitants, or who shall at any time discharge [§2,21 of 1939] firearms, crackers, or
fireworks; or release any fire balloon or other combustible or explosive contrivance or article
which is likely to cause injury to person or property, except under military regulation, or
unless they shall have obtained a licence from the Magistrate of the district, or from the
Inspector-General of Police or Superintendent, who are hereby authorized to grant the
same when it shall to them appear expedient, or who shall play at any games in or near any
street, road, or thoroughfare, or fly any kite, or throw any stone or other missile, or wilfully or
negligently make any noise, or do any act or thing in a manner calculated to terrify or injure
any passenger, horse, or cattle, or to injure any property, shall be guilty of an offence, and
be liable to any fine not exceeding fifty rupees, or to imprisonment, with or without hard
labour, for any period not exceeding three months.
Appeal against 97.
refusal of,
conditions in, or (1) Any person (hereinafter referred to as the " applicant ") to whom a
withdrawal of, licence under the provisions of section 78 or section 96 of this Ordinance
licence. (a) has been refused ; or
(b) has been granted subject to conditions to all or any of
which he objects ; or
(c) has been granted, which has subsequently been withdrawn
by the authority granting the same,
may appeal to the Magistrate of the division within five days of such refusal,
grant, or withdrawal.
(2) Such Magistrate, after hearing the applicant and such other persons as
to him may seem fit, may make an order
(a) confirming the refusal or withdrawal of the licence to, or
from, the applicant; or
(b) directing the issue of a licence, and confirming, modifying,
striking out, or adding to, the conditions contained in any
licence which has been issued to the applicant, or inserting
conditions in any licence which is ordered to be issued in the
place of any licence withdrawn as herein before mentioned.
(3) If the application for a licence is made in the first instance to the
Magistrate of the district under section 96, and such application is refused or
is granted subject to conditions, to all or any of which the applicant objects,
or is granted and then the licence is with drawn as herein before mentioned,
such refusal, grant, or withdrawal shall be deemed to be an order of the
Magistrate, and the applicant may appeal against the same in the manner
hereinafter in this section provided.
(4)
(a) Any applicant who is dissatisfied with the order of a
Magistrate under this section may appeal to the Court of
Appeal, who may make such order as to him seems fit and
whose decision shall be final.
(b) Every such appeal shall be by petition which shall be liable
to a stamp duty of five rupees, and shall be preferred within ten
days of the order being made by a Magistrate, and shall be
heard as soon as conveniently may be after it is so preferred
and be determined by such Court.
(c) Notice in writing of an appeal under this sub section shall
be given to the Attorney-General, who may attend or be
represented at the hearing of the appeal.

False reports to 98. Any person who shall spread false reports with the view to alarm the inhabitants of any
alarm people and
place within Sri Lanka and create a panic shall be guilty of an offence, and be liable to a fine
create a panic.
not exceeding two hundred rupees, or to imprisonment, with or without hard labour, for any
period not exceeding twelve months ; and if he shall be convicted a second time, or shall
persist in the offence after warning to desist, he shall be liable to corporal punishment not
exceeding twenty lashes.
Persons to keep 99. No filth, or dirt, or dead or disabled animal shall be cast or allowed to remain in any
the space
street, road, canal, or other thoroughfare within any such town and limits, and every
opposite their
inhabitant within any such town and limits shall keep the space and street or road, and all
houses clean.
surface drains, ditches, and gutters before his house clean, and the owners or occupiers of
all private avenues, passages, yards, and ways, and all slaughter-houses shall keep the
same clean, and shall remove the offal to such place as the principal police officer of the
division may point out under the directions of the Superintendent of Police ; and any person
wilfully offending against this section shall be guilty of an offence, and liable to any fine not
exceeding twenty rupees.
Common 100. It shall be lawful for the Inspector-General of Police or where there is a Municipality
nuisance.
for the Municipal Council or its officers, to notify from time to time in as public a manner as
he conveniently can, the place or places in any such town and limits within which persons
shall not be allowed to ease themselves under the penalty hereinafter mentioned; and every
person who shall, after such notification shall have been given, ease himself in any place
comprehended in such notification, except in some house, outhouse, or enclosed place,
with the leave of the occupant thereof, shall be guilty of an offence, and be liable to any
penalty not exceeding ten rupees:
Provided always that nothing in this section contained shall be construed into a declaration
that persons cannot commit a nuisance by easing themselves in such places as are not
comprehended in such notification as aforesaid.
Houses to be 101.All houses and gardens within such parts of any of the said towns and limits as the
surrounded with
Minister shall from time to time direct by Order to be for that purpose published in the
walls or fences,
Gazette shall, within six months after such Order shall have been so published be
and gardens kept
surrounded with walls or good fences, and be cleared and kept clean of brush and
clean.
Underwood ; and every person neglecting within such time so to surround his house and
garden, or to clear and to keep the same clear of brush and Underwood, shall be guilty of
an offence, and be liable to any fine not exceeding twenty rupees:
Provided always that the proprietors of adjoining lands which shall require to be fenced or
walled under the provisions of this section shall be liable to make and keep in repair each
one-half of such fence or wall, except where by any law or custom such liability shall be
otherwise determined.
Cases may be 102. Whereas the punishments assigned to certain offenders under this Ordinance are
tried before
beyond the jurisdiction of Magistrates' Courts, but it would be frequently more advantageous
Magistrates'
that such offences should be brought to trial before such courts in order that the punishment
Courts, though
of offenders may be more prompt, even though it should be less severe: It is therefore
otherwise out of
enacted, that in case of any person committing an offence under this Ordinance, and which
their jurisdiction
offence could not otherwise be cognizable by a Magistrate's Court by reason of the
punishment to which the same is subject, a certificate shall be presented to any Magistrate's
Court, signed by the Attorney-General or by some competent State Counsel, to the effect
that such officer is content that such offence or act shall be prosecuted before such court, it
shall be competent to such court to take cognizance of such offence or act, and to award in
respect thereof so much of the punishment assigned thereto as Magistrates' Courts are
empowered by law to award.
[ 5, 22 of 1947] The preceding provisions of this section shall not apply in the case of any offence under any
of the sections 77 to 80 (inclusive) ; and the Magistrate summarily trying any such offence
may impose the full punishment prescribed therefore, notwithstanding that such punishment
exceeds the limits placed upon the jurisdiction of a Magistrate by any other law.
Power to 103. Nothing contained in this Ordinance shall be construed to prevent any person from
prosecute not
being prosecuted for any offence made punishable on conviction by this Ordinance, or to
affected.
prevent any person from being liable under any other law to any other or higher penalty or
punishment than is provided for such offence by this Ordinance:
Provided always that no person shall be punished twice for the same offence.
Interpretation. 104. The following words and expressions in this Ordinance shall have the meaning
hereby assigned to them, unless there be something in the subject or context repugnant to
such construction :- "cattle" shall, besides horned cattle, include horses, asses, mules,
sheep, goats, and swine ;
(Vide footnote to section 6.)"Government Agent" shall include an Assistant Government
Agent of the district ;
" person " shall includes company or corporation ;
" police officer" means a member of the regular police force and includes all persons
enlisted under this Ordinance ;
"town" shall include any village or limits set out for the purposes of this Ordinance.
Schedules

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